ISLAMABAD, July 31 (TNS): There is uncertainty what if Imran Khan’s PTI does not secure require numbers to gain simple majority in the National Assembly, but there is a window for Imran Khan to take charge of office of the Prime Minister.
Senior legal and constitutional experts say that simple majority of the total membership of National Assembly (172 members) is not mandatory for the election of the prime minister as a candidate having majority among the present and voting members can become the prime minister, local media reported.
In the present situation, elections on two National Assembly constituencies were postponed and according to so far announcements, nine seats will become vacant and thus 331 members will be present for voting on the day of election of the leader of the house in NA. In this case, the coalition having support of the 166 MNAs will be able to make its candidate the Prime Minister.
Those who will vacate their seats include Imran Khan (4 seats), Chaudhary Pervaiz Elahi of PML-Q (2 seats), Tahir Sadiq of PTI (one seat), Ghulam Sarwar Khan of PTI (one seat), Pervaiz Khattak (one seat, but he want to continue in provincial assembly of KP though his party wants him in the centre.) In case, he comes in NA, the total seats in NA will become 332 and in that case 167 members will be needed for majority.
Article 91(4) of the constitution reads: (4) The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly:
Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister:
Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.
According to latest party position on ECP website, PTI will have 154 members, while its ally PML-Q will have 3, GDA 2, AML 1 which make the total number of this coalition 160. It will be a difficult situation and PTI will be needing support from other parties as well. If BNP-M (with 4 seats), BAP (with 5 seats) and JWP (with one seat) also support PTI led coalition, its total strength will become 170. If MQM also decides to support coalition led by the PTI, its total strength will become 177 members. (PTI-154, MQM-7, PML-Q-3, BAP-5, BNP-M-4, GDA-2, AML-1, JWP-1). Without more partners, it will be difficult for the PTI to form the government in the present situation with only PML-Q, AML and GDA as its allies.